What should to do when foreigners reside over in VietNam?

Currently, more and more foreigners enter and reside in Vietnam and for many reasons, violations of residence laws are increasingly common, especially overstay issues. Through this article, KAV Lawyers will provide for readers with some current Vietnamese legal regulations regulating the duration of residence, and the legal consequences that foreigners must face when staying too long, as well as steps to take when encountering this situation.

1. Regulations about term to residence in VietNam of foreigner

Regulations on residence duration of foreigners in Vietnam Pursuant to the provisions of Clause 3, Article 9 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended 2019, 2023) (“Immigration Law 2014″), residence for Foreigner means temporary resident and permanent resident.

Pursuant to the provisions of Article 31 of the Law on Immigration 2014, the temporary residence period in cases where a temporary residence card is not issued will be as follows:

  • The duration of temporary residence is equal to the duration of the visa; In case the visa has a DL symbol valid for more than 30 days, temporary residence will be granted for 30 days and the temporary residence extension will be considered;
  • For people who are exempted from visas under international treaties to which Vietnam is a member, the temporary residence period shall be granted according to the provisions of the international treaty. If the international treaty does not stipulate the temporary residence period, temporary residence shall be granted for 30 days;
  • For citizens of countries that are unilaterally exempted from visas by Vietnam, temporary residence will be granted for 15 days, if entering a special administrative – economic unit or coastal economic zone Entering a coastal economic zone is decided by the Government when meet all conditions: have an international airport; have separate space; have defined geographical boundary, separate from the mainland; In accordance with socio-economic development policies and does not harm Vietnam’s national defense, national security, social order and safety, temporary residence shall be granted for 30 days;
  • For people who are not eligible for a DL visa and according to international treaties, entering a border-gate economic zone will be granted temporary residence for 15 days, entering a special administrative-economic unit or coastal economic zone decided by the Government when all conditions are met: have an international airport; have separate space; has a defined geographical boundary, separate from the mainland; In accordance with the socio-economic development policy and does not harm Vietnam’s national defense, national security, social order and safety, temporary residence shall be granted for 30 days.
  • Foreigners are allowed to temporarily reside in Vietnam during the period of temporary residence certificate issued.
  • The temporary residence period may be canceled or shortened by the Immigration management agency in case the foreigner violates Vietnamese law.

Pursuant to the provisions of Article 38 of the Law on Immigration 2014, the temporary residence period in case of being granted a temporary residence card will be as follows:

  • The duration of the temporary residence card issued is at least 30 days shorter than the remaining validity of the passport.
  • The temporary residence card with the symbol ĐT1 is valid for no more than 10 years.
    Temporary residence cards with symbols NG3, LV1, LV2, LS, DT2 and DH are valid for no more than 5 years.
  • Temporary residence cards with symbols NN1, NN2, DT3, TT are valid for no more than 03 years.
    Temporary residence cards with symbols LD 1, LD2 and PV1 are valid for no more than 02 years.
  • Expired temporary residence cards will be considered for issuance of new cards.

In the case of being granted permanent residence, based on the provisions of Article 43 of the Law on Immigration 2014, every 10 years, permanent foreigners must go to the police of the province or centrally run city where they permanently reside to be granted permanent residence. change card.
Thus, the residence period for foreigners can range from a few days to several years depending on the period recorded in the Visa or temporary or permanent residence card. In case the foreigner has not left Vietnam after the recorded period of stay, it is considered to have overstayed his residence.

2. Penalties for overstay

Pursuant to the provisions of Decree 144/2021/ND-CP, foreigners who use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not renew permanent residence cards beyond the expiration date will be subject to administrative penalties. The levels of penalties are as follows:

  • Administrative fine from 500,000 VND to 2,000,000 VND for violations of less than 16 days;
  • Administrative fine from 3,000,000 VND to 5,000,000 VND for violations from 16 days to 30 days;
  • Administrative fine from 5,000,000 VND to 10,000,000 VND for cases from 30 days to less than 60 days;
  • Administrative fine from 10,000,000 VND to 15,000,000 VND for violations lasting from 60 days to less than 90 days;
  • Administrative fine from 15,000,000 VND to 20,000,000 VND for cases of 90 days or more.

In addition to administrative penalties as prescribed above, foreigners who overstay their residence may be forced to leave the country or, more seriously, be expelled from Vietnam, banned from entry for a certain period of time or possibly permanently. Far away in Vietnam.

3. What should to do when overstay

Pursuant to the provisions of the Immigration Law 2014, Decree 144/2021/ND-CP, when discovering that they are overstaying, foreigners need to take the following steps:

Step 1: Report to the Immigration Department
When a foreigner discovers that his/her residence period has exceeded, he/she should immediately go to the local immigration office where he/she is residing to declare and receive instructions on relevant documents, procedures and regulations.
Or come to the City Immigration Department. Ho Chi Minh No. 337 D. Nguyen Trai, Nguyen Cu Trinh Ward, District 1, Ho Chi Minh City/ City Immigration Department. Hanoi No. 46, Tran Phu Ward, Dien Bien, Ba Dinh, Hanoi

Step 2: Pay the fine according to regulations
After declaring, the competent authority will record the information, send a notice about the fine for each specific case and the deadline for paying the fine.

Step 3: Apply for an exit visa
After completing the fine payment, depending on the case and need, the foreigner should contact the immigration department or department to apply for a new visa or exit permit.
In case a foreigner is subject to a decision to force exit or expulsion from Vietnam, the foreigner according to the decision will have to leave Vietnam within the time limit specified in the decision.

Above is an article by KAV Lawyers outlining current Vietnamese legal regulations on the issue of over-residence of foreigners in Vietnam. If you have further questions or want legal advice, please contact KAV Lawyers via the following information:

Email: info@kavlawyers.com or vu@kavlawyers.com

Tel.: (+84) 28 6270 7075 or (+84) 949 761 861

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